Bausch and Lomb Defeats Drug Sales Rep’s Retaliation Claims

Sept. 22, 2021, 6:49 PM

A drug sales representative failed to timely allege that Bausch and Lomb Inc. violated the False Claims Act by firing him in retaliation for calling attention to a scheme to promote brand-name drugs for off-brand uses, an Arizona district court said.

Matthew D. Pinard filed his suit three years and three months after he was fired, and the FCA’s statute of limitations for retaliation claims is three years, Judge John. J. Tuchi of the U.S. District Court for the District of Arizona said in an opinion Tuesday dismissing the case.

Pinard argued that the claim should be found timely because ...

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